Opinion
R-3 September Term 2020 084836
02-12-2021
Fred WALFISH, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. NORTHWESTERN MUTUAL LIFE INSURANCE CO., and Northwestern Mutual Investment Services, LLC, Defendants-Respondents.
ORDER The United States Court of Appeals for the Third Circuit having certified to the Supreme Court the following questions of law pursuant to Rule 2:12A-3:
1) Whether insurance agents are employees or independent contractors under New Jersey's Wage Payment Law as determined by application of the ABC test.
2) Whether the statutory exception to the New Jersey Unemployment Compensation Act's definition of "employment" for "[s]ervice performed ... by agents of insurance companies ... wholly on a commission basis," N.J. Stat. Ann. § 43:21-19(i)(7)(J), applies to determinations of whether workers are employees or independent contractors under New Jersey's Wage Payment Law.
And the Court having considered the matter and having determined, respectfully, to decline question 1, and accept question 2 as certified;
It is so ORDERED; and it is further
ORDERED that appellant shall file an original and eight copies and serve a brief addressing the certified question within thirty days after the filing date of this Order, respondents shall file and serve a like number of copies of its brief within twenty-one days after the filing of appellant's brief, and appellant shall file and serve a reply brief, if any, within seven days after the filing of respondents' brief.
The Court shall determine, at a later date, the extent of any additional proceedings beyond the briefing provided for in this Order.